Government Code §8206(a)(2)(G) requires a notary to obtain the right thumbprint of the signer in the sequential journal when notarizing any document affecting real property — including grant deeds, deeds of trust, quitclaim deeds, and similar instruments.
If the signer's right thumb is unavailable, the notary must use another available finger and note in the journal which finger was used and why the right thumb was unavailable. If the signer has no hands or fingers, the notary must note this in the journal.
A notary who willfully refuses to obtain a required thumbprint may be subject to a civil penalty of up to $2,500.
Exam Tip: The thumbprint requirement applies to real property documents specifically. Not all documents require a thumbprint — only those affecting title to or security interests in real property. The exemption for substitution certificates (trustee's deeds) exists under certain foreclosure procedures.
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